BEAUMONT – Judge Kent Walston’s decision to toss an arbitration award and allow an injury lawsuit against Conn Appliances to continue has been reversed on appeal.
While working for Conn’s, Richard Puente was repairing a customer’s appliance when he injured his thumb. He sued Conn’s alleging the company negligently failed to provide him with the necessary tools.
In response to the suit, Conn’s filed an answer asserting the company and Puente had entered into a binding arbitration agreement.
Court records show the suit was abated and an arbitrator awarded Puente $60,000 in damages.
The arbitrator made the following findings:
- Conn’s should have provided specific tools to Puente;
- Puente did not seek medical treatment for almost five months after initially receiving treatment, did not follow-up, and saw his primary care health professional three times following the incident but never mentioned his hand injury;
- Puente stated in his recorded statement immediately following the injury that he did not feel Conn’s contributed to his injury in any way and that Conn’s is a safe place to work; and
- Puente signed a safety pledge when he was hired in which he agreed he would report an unsafe act or condition, but he failed to report his need for the proper tools despite being trained to use them.
Following the award, Puente filed a motion to vacate it on the grounds that the arbitrator manifestly disregarded the law by improperly considering contributory negligence.
Agreeing with Puente, Judge Walston (58th District Court) ruled that the arbitration agreement between the parties is void – prompting Conn’s to appeal.
On Aug. 13, the Ninth Court of Appeals concluded Walston erred, reversing his decision and remanding the case back to his court for proceedings consistent with the opinion.
Puente is represented by Adam Terrell of Weller Green Toups & Terrell.
Conn’s is represented by Joseph Gagnon of Fisher & Phillips and Beaumont attorney Thad Heartfield.
Appeals case No. 09-19-00326